2025:JHHC:28696 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2892 of 2018 --------- Tarique Hussain Khan, aged about 61 years, son of late Abdul Sayeed Khan, resident of Q-H/6/55, Road No.1, B.H. Area, Kadma, P.O. & P.S. – Kadma, Town – Jamshedpur, District – East Singhbhum (Jharkhand). ......Petitioner Versus 1. Jharkhand State Housing Board through its Chairman-cum- Managing Director, having its Office at Harmu Housing Colony, P.O. & P.S.- Argora, District - Ranchi (Jharkhand). 2. Secretary, Jharkhand State Housing Board, Harmu Housing Colony, P.O. & P.S.- Argora, District - Ranchi (Jharkhand). 3. Executive Engineer, Jharkhand State Housing Board, Jamshedpur Division, Adityapur, P.O. & P.S. – Adityapur, Town - Jamshedpur, District - East Singhbhum (Jharkhand). .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Ms. Swati Shalini, Advocate For the Resp.-JSHB : M/s. Sachin Kumar, Sweta Shukla, Advocates --------- 08/Dated:-18.09.2025 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: a) For issuance of appropriate writ(s)/ order(s)/, direction(s) quashing the part of the order dated 05.02.2018 as contained in Memo No.167 (Annexure 9) issued by the Secretary, Jharkhand State Housing Board, Ranchi, whereby and whereunder the concerned authority has denied the financial benefits of 1st, 2nd and 3rd upgradation of scale under Assured Career Progression Scheme/Modified Assured Career Progression Scheme, for the period 09.08.1999 to 19.12.2007 holding the same to be only notional for the petitioner. b) For issuance of further appropriate writ(s)/order(s)/, direction(s) directing the concerned respondents-authorities to pay the actual financial benefits of 1st, 2nd and 3rd upgradation of scale allowed to the petitioner vide Memo No.167 dated 05.02.2018 with effect from the date the petitioner was found entitled to such upgradation of scale along with interest at an appropriate rate. c) Any other relief or reliefs as Your Lordships may deem fit and proper for which the petitioner is very much entitled under the facts and circumstances of the case and in the interest of justice. 3. From record, it appears that the petitioner has come earlier before this Court in W.P. (S) No. 1448 of 2012 which was 2025:JHHC:28696 2 allowed and disposed of by the coordinate bench vide its order dated 26.04.2024. For brevity, para 2 and para 17 of the order dated 26.04.2024 is extracted hereinbelow: “2. This writ petition was filed making prayer to direct the respondents to designate the petitioner as an Upper Division Clerk and to include the name of the petitioner in the seniority list of Upper Division Clerk. I.A. No.111 of 2023 was filed for amendment in the writ petition, which was allowed vide order dated 08.12.2023 and in view of allowing the said I.A., the further prayer is made in this writ petition to direct the respondent-authorities to grant benefit of Time Bound Promotion and the benefits of ACP Scheme to the petitioner right from the date of his appointment i.e. 23.02.1982 and further also the grant of salary of Head Clerk to the petitioner from 24.07.2012 and to modify the order of regularization dated 20.12.2007 to the extent that the regularization should be made to the post of Upper Division Clerk and to extend the consequential post retiral and pensionary benefits to the petitioner as well as payment of arrears of salary. ...... ...... 17. Accordingly, the writ petition is allowed. The respondent-Jharkhand State Housing Board is directed to designate the petitioner as an Upper Division Clerk and include the name of the petitioner in the seniority list of Upper Division Clerk and grant benefit of Time Bound Promotion and the benefits of ACP Scheme to the petitioner right from the date of his appointment i.e. 23.02.1982 as well as grant salary of Head Clerk to the petitioner from 24.07.2012 and modify the order of regularization dated 20.12.2007 to the extent that the regularization should be made to the post of Upper Division Clerk and extend the consequential post retiral and pensionary benefits to the petitioner as well as payment of arrears of salary. The respondent-Jharkhand State Housing Board is directed to comply the aforesaid direction within a period of six weeks from the date of receipt/ production of a copy of this order.” 4. It has been informed by learned counsel for the Respondent-Housing Board that an L.P.A. has been filed against the order passed by the Writ Court in W.P. (S) No. 1448 of 2012 being L.P.A. No. 331 of 2024; which is still pending for consideration. 5. Looking to the overall facts and circumstances of the case, interest of Justice would be sufficed by giving liberty to the Petitioner to await the final order in L.P.A. No.331 of 2024 as the Petitioner, who has made a prayer for regularization from retrospective effect, was well taken into consideration by the earlier Writ Court. 2025:JHHC:28696 3 6. Accordingly, the instant writ application is hereby disposed of by giving liberty to the Petitioner to approach the concerned respondent, if so advised, after the disposal of L.P.A. No.331 of 2024. 7. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) SEPTEMBER 18, 2025 vikas/-